The Revival of Ray VI

Posted on by Rudrajyoti Nath Ray

While stating, ‘genesis’ of the creamy layer principle is to be found in State of Kerala v. N.M. Thomas, (1976) 2 SCC 310 Hon’ble Justice R.F. Nariman quoted a few words of Hon’ble Justice Krishna Iyer in Jarnail Singh v. Lachhmi Narain Gupta, [Special Leave Petition (Civil) No. 30621 of 2011]. Of course, Ray CJ had the Lead Judgment in N.M. Thomas – described as ‘lucid’ by Hon’ble Justice S.M. Fazal Ali.

Hon’ble Justice S.M. Fazal Ali was the first to come to SC from Jammu and Kashmir High Court. He was only 54. Although he was a Muslim, he was not chosen by Ray for that reason. Hon’ble Justice M.H. Beg was already on board. Justice Fazal Ali died, before retirement, when 64.

Hon’ble Justice Krishna Iyer, N.M. Thomas: “I write a separate opinion substantially concurring with that of the Learned Chief Justice.”

_____

Also see, Pichra Warg Kalyan Mahasabha Haryana v. State of Haryana, [Writ Petition (Civil) 60 of 2019] decided on 24.08.2021 and Jarnail Singh v. Lachhmi Narain Gupta, [Civil Appeal No. 629 of 2022] decided on 28.01.2022.

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.